Terms and Conditions
Any SpecCon Holdings (Pty) Ltd. Website, which includes but is not limited to, www.speccon.co.za, www.elearning.co.za, are online skills development, training and learning platforms, provided by SpecCon Holdings (Pty) Ltd., and is subject to the terms and conditions set forth below.
IMPORTANT: These terms and conditions constitute a legal agreement between you, the User (hereafter “You”, “Your”, or the “User”), and us, SpecCon Holdings (Pty) Ltd., its affiliates, and all of their respective authorized representatives, officers, directors, employees, agents, shareholders, licensors, attorneys, successors, and assigns (hereafter “Us” or “SpecCon”), and together with the Website Privacy Policy and the Software License Agreement, wholly and exclusively govern such relationship.
Before accessing or using the services offered on speccon.co.za, please read carefully the following terms and conditions contained in this website terms of service agreement. These terms govern your access to and use of the site and any programs, services, tools, software, materials, or other information available through the site or used in connection therewith (collectively, “the site”). SpecCon is willing to license and allow the use of this site only on the condition that you accept and agree to all of the terms and conditions contained therein. By using the site, you therefore agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you are not granted permission to access or otherwise use the site and are instructed to exit the site immediately.
SpecCon reserves the right to modify this agreement at any time, without notice to the user, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. Revised versions of the terms and conditions shall be indicated by the date posted at the top of the website terms of service page (i.e., “updated [date]”).
1. Proprietary rights. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by SpecCon, its affiliates, its successors and assigns, and/or by third parties who have granted SpecCon license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of SpecCon or their respective owners and are protected by law. Except as expressly provided herein, SpecCon does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by SpecCon or third-party licensors. The website name, SpecCon, its logo, and all other names, logos and icons identifying the SpecCon website and its services are proprietary trademarks of SpecCon, and any use of such marks, such as domain names, without the express written permission of SpecCon is strictly prohibited.
2. Limited license grant. The Site is provided by SpecCon, and conditional with the acceptance of this Website Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and download any programs, services, tools, materials, or information made available through or from the Site. Please note that access to download and terms of use of SpecCon’s downloadable software is contingent on acceptance of the separate Software License Agreement. The Website Terms of Service permit you to use and access for personal use only the SpecCon Website (a) on a single laptop, workstation, or computer and (b) on a mobile device from the Internet or through an on-line network. You may also download information from the Site into your laptop, workstation or computer’s temporary memory (RAM) and print and download materials and information from the Site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.
3. License restrictions. The foregoing license is limited. You may not modify, copy, store, reproduce, republish, upload, post, transmit, license, sub-license, display, rent, lease, sell, commercially exploit, or distribute, in any manner, any data, intellectual property or material provided by SpecCon through the site, in any manner not expressly permitted by these terms of service. The above restriction includes, but is not limited to text, graphics, code and/or software. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the SpecCon Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to SpecCon on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the SpecCon name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of SpecCon, OR (x) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact SpecCon. 4.Moreover, this license is only valid where SpecCon is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or were prohibited by law, is unauthorized and not permitted by SpecCon.
4. Third party information/ products/ services/ links to other sites. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall SpecCon be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by SpecCon, SpecCon is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way. SpecCon makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, SpecCon expressly disclaims responsibility for the content, materials, accuracy, and/or quality of the information, products and/or services available through or advertised on these third-party websites.
5. Disclaimer – no warranties. You understand and accept that SpecCon cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. you understand and agree to assume total responsibility and risk for your use of the site. SpecCon provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever. SpecCon specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. With regard to the site, the personal account representative service, or any information or third-party information or links provided thereon, SpecCon shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service. SpecCon does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. SpecCon has no control over and accepts no responsibility whatsoever for such materials.
6. Limitation of liability. You expressly absolve and release SpecCon from any claim of harm resulting for a cause beyond SpecCon's control, including but not limited to failure of electronic or mechanical equipment or communication lines for any reason, such as maintenance, denial of service attacks, telephone or other communication problems, computer viruses, unauthorized access, theft, operator errors, force majeure event such as severe weather, earthquakes, natural disasters, strikes, labor problems, wars, or governmental restriction or action. Moreover, in no event will Speccon be liable for any incidental, consequential, indirect, punitive, or special damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of or in any way connected with the use of or inability to use the site’s service, or any information, or transactions provided or downloaded from the site, or any delay of such information or service, even if Speccon has been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the site and/or materials or information downloaded through the site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Notwithstanding the foregoing, total liability of Speccon for any reason related to use of the site shall not exceed the total amount paid by you to Speccon in connection with the subject matter of the particular dispute during the prior three months.
7. Indemnification. You agree to indemnify, defend and hold harmless SpecCon, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. User obligations. If you provide any false, inaccurate, untrue, or incomplete information, SpecCon reserves the right to terminate immediately Your access to and use of the Site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While SpecCon has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, SpecCon is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and maintaining or backing up any data.
9. User name and password policy. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by SpecCon. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify SpecCon. SpecCon cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. SpecCon also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
10. Feedback and submissions. You grant to SpecCon team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SpecCon for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site. Registered Site Users will have the opportunity to submit feedback and information regarding their trading activity through the software and through the website, which will be subsequently displayed on the website on an anonymous basis. Such information is submitted on a voluntary basis. SpecCon maintains no control over the accuracy or correctness of such self-reporting and accordingly disclaims all liability from User reliance on this data.
11. Privacy policy. You understand, acknowledge and agree that the operation of certain programs, services, tools, materials, or information of the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information on the Site, you acknowledge and agree that your use of the Site will constitute acceptance of SpecCon’s personal identifying information collection and use practices to protect your personal information. Please read our Privacy Policy before providing any personal data on this Site.
12. Void where prohibited. Any offer for any product or service made on this Site is void where prohibited. Moreover, SpecCon makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. SpecCon reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You access the Site from a jurisdiction where prohibited, you do so at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the SpecCon website.
13. No advice. You acknowledge that neither the Site or the Personal Account Representative service, is not authorized to offer any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
14. Enforcing site security. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. SpecCon reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, SpecCon reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or SpecCon’s business.
15. Notice of security breach. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by SpecCon, or any unauthorized hacking of the Site, you shall (i) immediately notify SpecCon of such breach or potential breach, (ii) assist SpecCon as reasonably necessary to prevent or rectify any such breach, and (iii) enable SpecCon to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.
16. Term and termination. These Terms of Service govern Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated, as set forth below. This Agreement may be terminated by SpecCon without notice, at any time, and for any reason. In addition, SpecCon reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, or if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, subject to the survival rights below. Upon termination, You must destroy all copies of any aspect of the Site that you have made and remove downloaded software from Your possession. The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Proprietary Rights (§1), Limited License Grant (§2), License Restrictions (§3), Third Party Information (§4), Disclaimer (§5), Limitation of Liability (§6), Indemnification (§7), Governing Law (§17), and Miscellaneous (§18).
17. Governing law and dispute resolution. These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of South Africa, without applying conflict of law rules. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. All disputes arising out of or relating to these Terms of Service shall be resolved by binding arbitration, except that SpecCon is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to SpecCon or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to SpecCon that is not quantifiable in monetary damages. You agree that SpecCon shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under these Terms. Accordingly, you waive any requirement that SpecCon post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to SpecCon to enforce any provision of these Terms.
18. Miscellaneous. You agree that these Terms are for the benefit of the User, SpecCon, and SpecCon’s licensors. Therefore, these Terms are personal to You and not assignable. No joint venture, partnership, employment, or agency relationship exists between You and SpecCon as a result of these Terms of Service or arising out of your use of the Site. SpecCon’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right under these Terms or at law. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SpecCon may assign its rights and duties under this Agreement to any party and at any time, without notice to the User. Headings herein are for convenience only. These Terms of Service, along with SpecCon’s Website Privacy Policy and the Software License Agreement, represent the entire agreement between You and SpecCon with respect to use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and SpecCon.
19. Severability. If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be deemed amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.
20. Subscription services
20.1 Applicable Terms. We wish to thank you for making use of SpecCon’s training subscription services. These terms of use are only applicable to the use of the subscription services. Our general website terms of use are available at (insert link). If there is any conflict between the general website terms of use and these terms of use then the SpecCon subscription terms of use shall prevail.
20.2 Access to and Use of Content. In order to use these subscription services, you must have accepted these terms of use and paid the relevant subscription fees applicable to your subscription choice. If you have not accepted these terms of use and paid the applicable subscription fee, then you will not enjoy any access to these subscription services. Once the subscription fees have been paid and received and these terms of use have been agreed to, you will have full access to the entire training bouquet offered by SpecCon via this subscription services.
20.3 Updates. SpecCon is the provider and owner of all training content on the training platform and as such will have to undertake the necessary maintenance, updates and any other related work to ensure that you keep on enjoying full use of the training platform for the duration of your subscription with SpecCon. Any maintenance, updates or any other related work will be done by SpecCon if and when necessary.
20.4 Information about You. SpecCon are obligated by the Protection of Personal Information Act, Act 08 of 2013 and the GDPR to treat your personal information within the confinements of the Act. Therefore, SpecCon will not provide, share, divulge and/or distribute any of your information to any other third party, except the relevant authorities such as police, prosecuting authority etc., without your express consent. By accepting these terms of use you give SpecCon express consent to make your information which may include but is not limited to, name, surname and email address to the relevant third parties responsible for the administration of any subscription fees.
20.5 Disabled, Dormant and/or Terminated Accounts. In the event that the full subscription fee due and payable for your subscription choice is not paid in full or received by SpecCon Holdings (Pty) Ltd. access to your account will be disabled and you will no longer enjoy access to your account as your account will be disabled or terminated until such time that you have paid any further subscription fees.
20.6 Unauthorized use of an account. You are only allowed to use your account with the applicable log ins provided to you upon registration and payment of any subscription fee. You are not allowed to use any other user’s account with said users’ log in details. Any such unauthorized use will lead to the termination of both accounts.
20.7 Log in Details. Upon registration and payment of any subscription fee, the use will receive an email sent to the email address provided with the log in details to access his/her account. These log in details need to be kept private and not be shared or given to any third party.
20.8 Subscription activation. A users’ subscription will only be activated once the applicable subscription fee has been received.
20.9 Annual subscription. A user can select an annual subscription by selecting the annual subscription package on the subscription page and paying the annual subscription fee. An annual subscription will be valid for 12 (twelve) months from date of receiving the annual subscription fee. A user can cancel the annual subscription fee at any time by providing SpecCon with written notice of such cancellation. Notice of cancellation needs to be sent to info@speccon.co.za. A cancellation notice needs to be sent before the next billing period. If no cancellation notice has been received, the subscription service fee will be automatically loaded for the following billing period
20.10 Monthly subscription. A user can select a monthly subscription by selecting the monthly subscription package on the subscription page and paying the applicable monthly subscription fee. A monthly subscription will be valid for one month from date of receiving the applicable subscription fee. A user can cancel the monthly subscription at any time by sending a written notice of cancellation. Cancellation notices must be sent to info@speccon.co.za. A cancellation notice needs to be sent before the next billing period. If no cancellation notice has been received, the subscription service fee will be automatically loaded for the following billing period.
20.11 Annual subscription cancellation. If a user cancels an annual subscription within the first 7 (seven) days, such user will be entitled to a 100% refund of the subscription fee paid. If a user cancels after the first 7 (seven) days but before the end of the first 30 (thirty) days, which includes the first 7 (seven) days, such user will be entitled to a 70% (seventy) percent refund of the annual subscription fee paid upon registration. If the user cancels after the first 30 (thirty) days, the user will not be entitled to any refund of any fees paid. The user’s account will then be disabled upon receiving of such cancellation notice.
20.12 Monthly subscription cancellation. A user will not be entitled to any refund upon the cancellation of a monthly subscription.
20.13 Intellectual property rights. All intellectual property which includes but is not limited to learning material, logo’s, designs and content is and will remain the property of SpecCon. A user has and will not have any control, ownership or authority to use, distribute, copy or attempt to copy any learning material, logo’s and/or designs. Any such attempts shall constitute a criminal offense and may lead to prosecution.
20.14 Full access. A registered and/or paid user will have full access to the entire bouquet of qualifications on SpecCon’s training platform for the entire duration of his/her subscription period. A user’s right to full access will cease upon the cancellation, termination and/or expire of a subscription.